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行为无价值和结果无价值是德日刑法理论和司法实践中用于判断违法性的两种方法,近年来,其最新研究成果也不断被引介入我国,对于推动我国刑法理论的发展发挥了重要作用。一、行为无价值的功用与缺陷行为无价值论偏重对行为人的主观因素的考量,在违法性判断中,具有自身独特的优势,但其本身是把双刃剑,作为优势的同时也作为其他方面的劣势而存在。(一)基本观点从维护社会伦理秩序的角度出发,一元的行为无价值论主张,行为的违法性更多取决于行为人自身,包括行为和故意过失等因素,而危害结果的发生具有偶然性,对不
The valueless behavior and the resultless value are the two methods used to judge the illegality in the criminal law theory and judicial practice in Germany and Japan. In recent years, the latest research results are also introduced into our country constantly, which plays an important role in promoting the development of our criminal law theory effect. First, the valueless behavior of the valueless behavior and the valueless behavior of the emphasis on the behavior of people’s subjective factors in judgments of the illegitimate, has its own unique advantages, but itself is double-edged sword, as an advantage at the same time as a Other disadvantages exist. (A) the basic point of view From the perspective of the maintenance of social ethics, unification of the doctrine advocated by the theory of value, the behavior of the illegal more dependent on the actor himself, including behavior and intentional negligence and other factors, and the occurrence of hazardous results with the accidental, Right